Question 1

Affirmative action is required for certain employers by:

A. Title VII of the Civil Rights Act.

B. The Civil Rights Act of 1991.

C. Executive Order 11246.

D. Proposition 209.

Question 2

Affirmative action requirements apply to:

A. all employers.

B. federal government contractors.

C. all employers employing 15 or more employees.

D. employers engaged in interstate commerce.

Question 3

Affirmative action:

A. utilizes quotas more than goals.

B. requires employers to hire persons who are not qualified for the job.

C. always results in reverse discrimination.

D. is properly used only where there is a demonstrated underrepresentation of women or minorities or finding of discrimination.

Question 4

To meet affirmative actions goals, employers can bolster their pool of candidates for jobs by all of the following methods except:

A. hiring unqualified candidates, if qualified candidates can not be found.

B. advertising targeted to media that have female and minority audiences.

C. recruiting at colleges that have significant female or minority populations.

D. recruiting through employment agencies who service minority job-seekers.

Question 5

Quotas should not be used unless:

A. they are short-term in nature.

B. the employer is a federal contractor.

C. ordered by a court to remedy a longstanding violation of the law.

D. they are communicated to all applicants as a part of the initial contact with the employer.

Question 6

The Supreme Court has found that voluntary affirmative action plans are:

A. acceptable only for private employers.

B. not acceptable because there has been no judicial finding of discrimination.

C. not acceptable unless there is a union involved representing the interests of the employees.

D. acceptable for private and public employers.

Question 7

A valid affirmative action plan does not:

A. set aside positions for women or minorities.

B. give qualified women and minorities extra consideration such that they need not be the best qualified.

C. create any possibility of reverse discrimination claims.

D. set numerical goals.

Question 8

A city adopts an affirmative action plan for firefighters based on significant underrepresentation of women. The cutoff score on the exam is 70. There are two qualified applicants for an opening. One is a male who scored 75 and the other is a female who scored 73. Pursuant to the plan, the female is selected. The male applicant sues for reverse discrimination. He will likely:

A. be successful because he is the most qualified.

B. not be successful because both candidates are qualified and there is an imbalance in the workforce.

C. be successful because Title VII prohibits the consideration of gender in making employment decisions.

D. not be successful because the plan does not set aside positions for women.

Question 9

In 1996, a state referendum amending the state constitution to prohibit affirmative action or other preferential treatment on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, and public contracting was passed by voters in:

A. Georgia.

B. Arizona.

C. Alabama.

D. California.

Question 10

Courts in recent years have:

A. generally approved affirmative action plans.

B. generally not given much credence to affirmative action plans.

C. subjected affirmative action plans to more intensive scrutiny.

D. significantly relaxed the requirements for a valid affirmative action plans.

Question 11

Two cashiers are found to have stolen money from the employer. The African-American employee is disciplined and continues working. The white employee is terminated. The white employee sues under Title VII for race discrimination. The white employee:

A. loses because Title VII only protects those of minority races.

B. wins because Title VII applies to all races.

C. loses because the employer raises a defense that it had an affirmative action plan and did not want to lose minority employees.

D. wins under Executive Order 11246.

Question 12

A statement that "blacks can't be trusted to handle money" is a type of:

A. circumstantial evidence.

B. hearsay evidence.

C. direct evidence or "smoking gun" evidence.

D. comparative evidence.

Question 13

A case which involves both a determination of whether the plaintiff has proved that an illegal reason motivated the adverse action and a determination whether the same action would have been taken by the employer for a legal reason is a __________ case.

A. dual issue motivation

B. prima facie

C. circumstantial

D. single issue motivation

Question 14

Under the McDonnell Douglas Corp. v. Green framework of proof in a disparate treatment case, if the plaintiff proves a prima facie case:

A. the burden shifts to the employee to show a pattern of discrimination.

B. the plaintiff must then proceed to prove the action was motivated by discrimination before the employer has to produce any evidence.

C. the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for the action.

D. both parties must submit any additional evidence for evaluation by the court before it can be heard by the jury.

Question 15

Racial harassment:

A. has not been recognized by the courts as illegal.

B. can only be committed through the actions of managers.

C. is not actionable if the only harm is a hostile environment and there is no economic harm.

D. is actionable if the only harm is a hostile environment.

Question 16

Although employees should always notify the employer if they are being harassed, an employer may be liable where the employee does not report the harassment if the harassment is:

A. committed by coworkers.

B. committed by a manager.

C. committed by third parties.

D. outrageous in nature.

Question 17

An employer who receives a complaint of harassment has an obligation to:

A. investigate and take corrective action.

B. notify the EEOC.

C. adhere to the complainant's request on whether to take further action.

D. consider the complainant's statement as accurate until proved otherwise.

Question 18

To constitute illegal racial harassment, the conduct must meet all the following requirements except the conduct must:

A. have some racial content or otherwise be racially motivated.

B. be severe and pervasive.

C. alter the terms and conditions of employment of the victim.

D. occur on a daily basis.

Question 19

The Reconstruction Act provided African-Americans with:

A. the right to make and enforce contracts.

B. rights virtually identical to those provided under Title VII.

C. certain rights to contract which did not impact employment.

D. rights that carry more limited economic remedies than Title VII.

Question 20

June has a claim of national origin and gender discrimination but has missed the deadline for filing a charge with EEOC. She may:

A. not sue under the Reconstruction Act because it applies only to race and color.

B. not sue under the Reconstruction Act because it has a similar statute of limitations.

C. sue under the Reconstruction Act for national origin discrimination because it does not have a requirement for filing with the EEOC.

D. sue under the Reconstruction Act for gender discrimination because it does not have a requirement for filing with the EEOC.